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Rahul Choudhary   24 May 2017

Ex parte ce(cross examination) nri husband

Hello Sir

I am a NRI(Australia) husband.

My wife has filed a DV case in one court as well as 498a & 406 in CAW Cell - usual process. DV has has been going on since last year and we have not attended since all of the family members are abroad. The case has gone to ex-part CE(Cross Examination) stage. We have taken Paid advice from multiple lawyers and everyone is giving thier opinion and different from other and non conclusive so I am here. I understand no one can tell me exactly what judge can order, so my questions are:

  1. Can you please tell me the next STEPS will be followed by court?
  2. My wife doesn't have the proofs of my income then how much maintenance court will order?
  3. My mother had a flat under her name which we have transferred to our relative after the case was registered and currently rented by other relative. Can anything be done to this by court?
  4. We have an ancestral agriculture land under the names of 8 different FAMILIES members - so not yet separated on papers, My self and my mother has the name on the bahi(land book) -- Can this be attached and auction by court and give to my wife?
  5. Another piece of land/plot from village was again combined and my mother has sold her share by doing BENAMA but this does reflect on bahi - Can this be attached and auction by court and give to my wife?

Simultaneously mediation is in process for 498a case. But I just want to prepare myself for the worst just in case mediation doesn't work. I understand all of you suggest to contest the case and appear in court, but as you know if I come to India then I have to face police harasement as well as payment to them also I may not be able to come back and eventually loose my job here. Even the court allow me to come back then I will have to appear time to time. Also I will have to start giving maintenance and start funding my wife to fight against me which I don't want.

Thanks
Rahul



 15 Replies

whatnot   24 May 2017

Who are all made defendent in these cases. Is each one named abroad including your mother, brother, siter, sister-in-law, brother-in-law?.. Anyone at all in India?

Who recieved the summons? Is there summons sent to your current address?

 

If none accused is present in India, then you can carry on with life.

If anyone accused is present in India, Then they might fight the case by proxy and you may hire competent lawyer and bear expenses of theirs,  so your side of story presented as well.

 

Usually case goes through investigation mode and it will be police who will decide if you current location needs to be pursued. Also it depends on judge recomendation based on report.

 

This is criminal investigation. So don't come. Do what Mallya did.Stay away.

 

But get hold of written statement, her lawyers, right police station..Keeping tab is important.

 

Become a US citizen. Ditch green card. Paying tax is worth than fighting these cases. Also you will never be deported. Easy to enter India as well.. And fight that case then on it's merit

 

 

 

Rahul Choudhary   24 May 2017

Originally posted by : Amisha Trivedi K. E.



Originally posted by : Rahul Choudhary



Hello Sir

I am a NRI(USA) husband.

My wife has filed a DV case in one court as well as 498a & 406 in CAW Cell - usual process. DV has has been going on since last year and we have not attended since all of the family members are abroad. The case has gone to ex-part CE(Cross Examination) stage. We have taken Paid advice from multiple lawyers and everyone is giving thier opinion and different from other and non conclusive so I am here. I understand no one can tell me exactly what judge can order, so my questions are:


Can you please tell me the next STEPS will be followed by court?
My wife doesn't have the proofs of my income then how much maintenance court will order?
My mother had a flat under her name which we have transferred to our relative after the case was registered and currently rented by other relative. Can anything be done to this by court?
We have an ancestral agriculture land under the names of 8 different FAMILIES members - so not yet separated on papers, My self and my mother has the name on the bahi(land book) -- Can this be attached and auction by court and give to my wife?
Another piece of land/plot from village was again combined and my mother has sold her share by doing BENAMA but this does reflect on bahi - Can this be attached and auction by court and give to my wife?


Simultaneously mediation is in process for 498a case. But I just want to prepare myself for the worst just in case mediation doesn't work. I understand all of you suggest to contest the case and appear in court, but as you know if I come to India then I have to face police harasement as well as payment to them also I may not be able to come back and eventually loose my job here. Even the court allow me to come back then I will have to appear time to time. Also I will have to start giving maintenance and start funding my wife to fight against me which I don't want.

Thanks
Rahul





Now that you already know, why even seek opinion?  You dont have work is it?  It is likely that you dont have any work to do.  -- Yes bro I don't have any work and wasting world'd time like you?surprise

Matter is alredy in court.  Your marriage is over.  Nowy are you shagging in public? - Boy you got it absolutelty right this was over a year ago. Do you want to be shagged? It will be quite cool. That will be your first time right you are frustated aren't you?cool

 

Rahul Choudhary   24 May 2017

Usual suspects have been named in FIR mother, brother sister & sister-in-law.Bu they all are abroad.

Summons were sent to our address here by courier and mistakenly received and signed by a kid which they submitted in the court  and court accepted that I have been served.

 

Can you please answers questions about the property?

whatnot   24 May 2017

Wait for it play out.

Court may order intreim maintainance which will be maintainable.

But attaching property is laborouis process unless court system has been brought out. And then it is part of ancenstral

Get a copy of all cases. retain alwyer and see what is the case is about. Without approaching court or police station.

You need to have facts as stated in court before taking first step.

At the end it is just money..No recovery is possible unless you come back..So hang out as long as possible.

Cross the bridge only when required..

You got nothing to fear. It's only money

1 Like

(Guest)

Agree with Amisha ji.  You really dont seem to have work.  Get a life, go search new partner instead of doing time pass posting bullsh*t.

Rahul Choudhary   25 May 2017

Thanks very much. Much appreciated. I am keeping a tab on court proceedings which are available online. I am trying to delay this as much as possible.

Rahul Choudhary   25 May 2017

Thanks Mr Rao. If you think its a time waste let it be. I am working but as you know until this is finished its a monkey sitting on my back.


(Guest)
Originally posted by : Rahul Choudhary

Hello Sir

I am a NRI(Australia) husband.

My wife has filed a DV case in one court as well as 498a & 406 in CAW Cell - usual process. DV has has been going on since last year and we have not attended since all of the family members are abroad. The case has gone to ex-part CE(Cross Examination) stage. We have taken Paid advice from multiple lawyers and everyone is giving thier opinion and different from other and non conclusive so I am here. I understand no one can tell me exactly what judge can order, so my questions are:


Can you please tell me the next STEPS will be followed by court?
My wife doesn't have the proofs of my income then how much maintenance court will order?

WHATEVER SHE HAS ASKED COURT WILL ORDER.
My mother had a flat under her name which we have transferred to our relative after the case was registered and currently rented by other relative. Can anything be done to this by court?

TEH FLAT CAN BE SEIZED BY THE COURT.


We have an ancestral agriculture land under the names of 8 different FAMILIES members - so not yet separated on papers, My self and my mother has the name on the bahi(land book) -- Can this be attached and auction by court and give to my wife?

YES YOUR GUESS IS CORRECT.  THIS ALSO CAN  BE AUCTIONED.

Another piece of land/plot from village was again combined and my mother has sold her share by doing BENAMA but this does reflect on bahi - Can this be attached and auction by court and give to my wife?
YES, THIS CAN ALSO BE ATTACHED.

Simultaneously mediation is in process for 498a case. But I just want to prepare myself for the worst just in case mediation doesn't work. I understand all of you suggest to contest the case and appear in court, but as you know if I come to India then I have to face police harasement as well as payment to them also I may not be able to come back and eventually loose my job here. Even the court allow me to come back then I will have to appear time to time. Also I will have to start giving maintenance and start funding my wife to fight against me which I don't want.

Thanks
Rahul

SETTLE MATTER AMICABLY BY PAYING WHAT WIEF WANTS.

nri_male (S/W Engineer)     27 May 2017

1. Why are you disclosing your full name, it is easy for opposite party to do research in the same forum and you are giving them all information on land particulars and who owns what, so please change your name immediately if that is your real name. 

2. What is that opposite party wants ? Usually it is money, reconciliation or revenge. So depending on what they want, you need to come up with a strategy. Things move in snail pace in India and opposite party would get tired of money sucking lawyers and broken court system and would give up after a couple of years. 

3. Nothing can be done to any property in other peoples' names - you unnecesarily transferred your mom's property. Only your portion of what you would inherit from ancestral property or what you directly own can be attached in execution proceedings. But they are looking at 10-15 years to get to that point and have to spend more money on lawyers than the quantum of maintenance to get any money from ancestral property. So dont worry too much about that. If they dont know about the property, it would not be that easy to find out the details. 

4. The quantum of maintenance is entirely dependent on the discretion of the judge. It could be from 10k to 100k depending how reasonable or egoistic the judge is. If she has proof then you can expect it to be around 20-30% of your take home paycheck. 

Again, you have not mentioned why they filed all these cases, whether you are divorced or not in Australia, citizen or PR, etc - so I cannot provide more advice right now. 

Rahul Choudhary   30 May 2017

Thanks Boss. I hope what you are saying is correct in terms of property attachment. The case has been going on for 1.5 years now and I am not yet divorce here. I a Citizen here so in terms of bringing me to India looks impossible and I have no need to go to India anyway. I am sure she wants to get married asap and wanted us to go to mediation in the beginning but we decided not to go. My idea is to drag this as much as possible and hope for the best.

She wants big money which I don't have and wont give anyway. So goodluck to her. I have all the proofs of expenses we made but they won't have any proofs that we even asked and received any money or gifts. So she knows that she can't prove anything but just want us to come over and keep in India until the proceeding completed in India. We have very strong evidences for everything but we know nobody would listen and anything would happen and in the end it will be SETTLED. She's hoping we would break but I have made up my mind from the very first day and will stuck to it.

In the court affidavit she filed she mentioned that she doesn't have my income proof but i think she does and just didn't disclosed at the beginning and waiting for me to give proofs and then couter file those. Whatever amount she mentioned I earn is before tax & exaggerating and just misleading the court.

She filed cases for 498a and DV for money and probably want to humilate and hassel us if and when we go to India. Revenge. My only concern are the properties.

I am not sure it would be good idea to contact her relatives and tell them about this. She planned it well but I believe GOD helped us otherwise we would been in a terrible mess because she started to show her bad side from the very 1st day and we thought she would adjust and cooperate but she found us to be weak which actually worked in our favour as we never harmed her and we were the ones who adjusted. Otherwise she would have filed the case when we were in India. Sharafat and Sharam saved us. But now its open she's gone ugly and she's feeling the heat somehow though she doesn't show.

Thanks in advance.

nri_male (S/W Engineer)     30 May 2017

1. I reiterate, property that belongs to your mom or anybody else cannot be attached. But your 'portion' of the ancestral property that you can inherit can be attached in execution proceedings, but if one of the families that own the ancestral property gets a stay in high court, then she is looking at 5-10 years just to remove the stay in high court. This is a very long process and based on what you are saying I dont think yours truly would wait for so long. 

2. Now that you say her intent is 'money', now just sit and relax while she gets frustrated as time passes by. But I would immediately advise you to initiate divorce proceedings in Australian court to safe guard anything you own in that country. Please note if you dont have a Austrailian court divorce and spousal support you are leaving your assets in australia open. Another strategy you can play is if she is in a hurry to get remarried, then when she files divorce just go and say you want to live with her which would drag the divorce case for atleast 3 - 5 years and refuse to give divorce. Eventually she might come around and settle just to get divorce. 

3. Regardless of what she claims you earn, unless she produces proof, the court would not pay heed to her claims. But court in general would award some amount if she is not earning. It is a stupid system, but thats what you get for getting married to a Hindu girl in India. If you know she does not have proof, I would not advise appearing in Indian court proceedings where you would make her life easier as court would ask you to submit affidavit on your earnings. Again if you dont have Australian divorce, you are leaving the possibility of her reaching out to Australian courts to execute the spousal support orders ( it is definitely posssible to execute child support orders across international borders, but spousal support could be slightly difficult depending on local laws)

For now, I would just wait it out for another year or so and see is she comes down in her demands, if she desperately wants divorce she would eventually settle.

 

 

 

 

1 Like

sai narayana   30 May 2017

If you attend any one of the cases, the money meter starts in the form of interim maintenance. So better skip all the cases or attend & defend all the cases.

1 Like

Rahul Choudhary   31 May 2017

Thanks BOSS. Nothing against the other peoples who also replied but somehow I believe what you are saying or probably wants to believe. I thought doing the same thing for the stay order in case court order to attach my property.

All secured here in Australia in terms of property and everything. That's for sure I am not going to appear in Indian courts everyone advised the same and sticking to this.

I know its a silly question but what does actually means attaching the property? The process.

Also do judge ask any questions in ex-parte cross examination? And how long before they pass an order?

Thanks again.

 

 

Rahul Choudhary   31 May 2017

Well said Sir. Same thing advised by someone else as well If I appear in any of the court then she the maintenance would start from the day she filed for maintenance. Do you think it would be good idea to name and shame them publicly because I have proofs of all sort?


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